(1.) THIS is plaintiffs' first appeal under Section 96 of the Code of Civil Procedure (for brevity 'the C.P.C.') against the judgment and decree dated 16.09.1998 passed in Civil Suit No. 28-A/1995 by the 1st Additional District Judge, Balodabazar, Dist. Raipur whereby and whereunder the plaintiffs' suit has been partly decreed.
(2.) FACTS of the case in brief are as under:-
(3.) I have heard learned counsel for the parties, perused the judgment and decree impugned including the record of the trial Court.